Bill Text: MN SF1073 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Identical product pricing requirement; federal fuel standards compliance updates; E85 requirements modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-07 - HF substituted on General Orders HF634 [SF1073 Detail]
Download: Minnesota-2013-SF1073-Introduced.html
Bill Title: Identical product pricing requirement; federal fuel standards compliance updates; E85 requirements modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-07 - HF substituted on General Orders HF634 [SF1073 Detail]
Download: Minnesota-2013-SF1073-Introduced.html
1.2relating to commerce; weights and measures; clarifying sales from bulk to ensure
1.3compliance with biodiesel fuel mandate; adding a requirement for identical
1.4product pricing; making technical updates to bring state into compliance with
1.5most recent federal fuel standards; modifying E85 requirements;amending
1.6Minnesota Statutes 2012, sections 239.092; 239.751, by adding a subdivision;
1.7239.761, subdivisions 3, 4, 5, 6, 7, 8, 10, 11, 13, 16, 17, by adding a subdivision;
1.8239.77, subdivision 1; 296A.01, subdivision 19.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 239.092, is amended to read:
1.11239.092 SALE FROM BULK.
1.12 (a) Bulk sales of commodities, when the buyer and seller are not both present to
1.13witness the measurement, must be accompanied by a delivery ticket containing the
1.14following information:
1.15 (1) the name and address of the person who weighed or measured the commodity;
1.16 (2) the date delivered;
1.17 (3) the quantity delivered;
1.18 (4) the count of individually wrapped packages delivered, if more than one is
1.19included in the quantity delivered;
1.20 (5) the quantity on which the price is based, if different than the quantity delivered;
1.21and
1.22 (6) the identity of the commodity in the most descriptive terms commercially
1.23practicable, including representations of quality made in connection with the sale.
1.24 (b) This section is not intended to conflict with the bulk sale requirements of the
1.25Department of Agriculture. If a conflict occurs, the law and rules of the Department of
1.26Agriculture govern.
2.1 (c) Firewood sold or distributed in this state must include delivery ticket information
2.2regarding the harvest locations of the wood by county or counties and state.
2.3(d) Paragraph (c) may be enforced using the authority granted in this chapter or
2.4section18J.05 or
84D.13 .
2.5(e) Paragraph (a) applies to petroleum products under section 239.051, subdivision
2.627. For the purposes of paragraph (a), clause (6), the most descriptive terms commercially
2.7practicable include, but are not limited to:
2.8(1) motor fuel rating and ethanol content for gasoline as defined by section 296A.01,
2.9subdivision 23; and
2.10(2) percentage of biodiesel and grade of diesel for (i) diesel fuel oil as defined by
2.11section 296A.01, subdivision 14; (ii) heating fuel oil, as defined by section 296A.01,
2.12subdivision 26; and (iii) kerosene, as defined by section 296A.01, subdivision 28.
2.13 Sec. 2. Minnesota Statutes 2012, section 239.751, is amended by adding a subdivision
2.14to read:
2.15 Subd. 9. Identical product pricing requirement. Product dispensed from a single
2.16storage tank, or from multiple tanks that are joined in such a manner that the product is
2.17commingled while still in the tanks, must be priced identically at each retail dispenser
2.18from which it is offered for sale.
2.19 Sec. 3. Minnesota Statutes 2012, section 239.761, subdivision 3, is amended to read:
2.20 Subd. 3. Gasoline. (a) Gasoline that is not blended with ethanol must not be
2.21contaminated with water or other impurities and must comply with ASTM specification
2.22D4814-08b D4814-11b. Gasoline that is not blended with ethanol must also comply with
2.23the volatility requirements in Code of Federal Regulations, title 40, part 80.
2.24(b) After gasoline is sold, transferred, or otherwise removed from a refinery or
2.25terminal, a person responsible for the product:
2.26(1) may blend the gasoline with agriculturally derived ethanol as provided in
2.27subdivision 4;
2.28(2) shall not blend the gasoline with any oxygenate other than denatured,
2.29agriculturally derived ethanol;
2.30(3) shall not blend the gasoline with other petroleum products that are not gasoline
2.31or denatured, agriculturally derived ethanol;
2.32(4) shall not blend the gasoline with products commonly and commercially known
2.33as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or
2.34natural gasoline; and
3.1(5) may blend the gasoline with a detergent additive, an antiknock additive, or an
3.2additive designed to replace tetra-ethyl lead, that is registered by the EPA.
3.3 Sec. 4. Minnesota Statutes 2012, section 239.761, subdivision 4, is amended to read:
3.4 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
3.5with agriculturally derived, denatured ethanol that complies with the requirements of
3.6subdivision 5.
3.7(b) A gasoline-ethanol blend must:
3.8(1) comply with the volatility requirements in Code of Federal Regulations, title
3.940, part 80;
3.10(2) comply with ASTM specificationD4814-08b D4814-11b, or the gasoline base
3.11stock from which a gasoline-ethanol blend was produced must comply with ASTM
3.12specificationD4814-08b D4814-11b; and
3.13(3) not be blended with casinghead gasoline, absorption gasoline, condensation
3.14gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
3.15transferred, or otherwise removed from a refinery or terminal.
3.16 Sec. 5. Minnesota Statutes 2012, section 239.761, subdivision 5, is amended to read:
3.17 Subd. 5. Denatured ethanol. Denatured ethanol that is to be blended with gasoline
3.18must be agriculturally derived and must comply with ASTM specificationD4806-08
3.19 D4806-11a. This includes the requirement that ethanol may be denatured only as specified
3.20in Code of Federal Regulations, title 27, parts 20 and 21.
3.21 Sec. 6. Minnesota Statutes 2012, section 239.761, subdivision 6, is amended to read:
3.22 Subd. 6. Gasoline blended with nonethanol oxygenate. (a) A person responsible
3.23for the product shall comply with the following requirements:
3.24(1) after July 1, 2000, gasoline containing in excess of one-third of one percent, in
3.25total, of nonethanol oxygenates listed in paragraph (b) must not be sold or offered for
3.26sale at any time in this state; and
3.27(2) after July 1, 2005, gasoline containing any of the nonethanol oxygenates listed in
3.28paragraph (b) must not be sold or offered for sale in this state.
3.29(b) The oxygenates prohibited under paragraph (a) are:
3.30(1) methyl tertiary butyl ether, as defined in section296A.01, subdivision 34 ;
3.31(2) ethyl tertiary butyl ether, as defined in section296A.01, subdivision 18 ; or
3.32(3) tertiary amyl methyl ether.
4.1(c) Gasoline that is blended with a nonethanol oxygenate must comply with ASTM
4.2specificationD4814-08b D4814-11b. Nonethanol oxygenates must not be blended into
4.3gasoline after the gasoline has been sold, transferred, or otherwise removed from a
4.4refinery or terminal.
4.5 Sec. 7. Minnesota Statutes 2012, section 239.761, subdivision 7, is amended to read:
4.6 Subd. 7. Heating fuel oil. Heating fuel oil must comply with ASTM specification
4.7D396-08b D396-12.
4.8 Sec. 8. Minnesota Statutes 2012, section 239.761, subdivision 8, is amended to read:
4.9 Subd. 8. Diesel fuel oil. Diesel fuel oil must comply with ASTM specification
4.10D975-07b D975-11b.
4.11 Sec. 9. Minnesota Statutes 2012, section 239.761, subdivision 10, is amended to read:
4.12 Subd. 10. Aviation gasoline. Aviation gasoline must comply with ASTM
4.13specificationD910-07a D910-11.
4.14 Sec. 10. Minnesota Statutes 2012, section 239.761, subdivision 11, is amended to read:
4.15 Subd. 11. Aviation turbine fuel, jet fuel. Aviation turbine fuel and jet fuel must
4.16comply with ASTM specificationD1655-08a D1655-12.
4.17 Sec. 11. Minnesota Statutes 2012, section 239.761, subdivision 13, is amended to read:
4.18 Subd. 13. E85. A blend of ethanol and gasoline, containing at least 60 percent
4.19ethanol and not more than 85 percent ethanol, produced for use as a motor fuel in
4.20alternative fuel vehicles as defined in section296A.01, subdivision 5 , must comply with
4.21ASTM specificationD5798-07 D5798-11.
4.22 Sec. 12. Minnesota Statutes 2012, section 239.761, subdivision 16, is amended to read:
4.23 Subd. 16. Biodiesel fuel definition. "Biodiesel fuel" means a renewable,
4.24biodegradable, mono alkyl ester combustible liquid that is derived from agricultural plant
4.25oils or animal fats and that meets American Society for Testing and Materials (ASTM)
4.26specificationD6751-08 D6751-11b for Biodiesel Fuel (B100) Blend Stock for Distillate
4.27Fuels.
4.28 Sec. 13. Minnesota Statutes 2012, section 239.761, subdivision 17, is amended to read:
5.1 Subd. 17. Grade 82 unleaded aviation gasoline. Grade 82 unleaded aviation
5.2gasoline must comply with ASTM specificationD6227-04a D6227-12.
5.3 Sec. 14. Minnesota Statutes 2012, section 239.761, is amended by adding a subdivision
5.4to read:
5.5 Subd. 18. Minimum octane rating. The minimum (R+M)/2 octane rating grades for
5.6petroleum products under subdivision 3, 4, 4a, 4b, or 6 shall be no less than the following:
5.7(1) regular unleaded 87;
5.8(2) midgrade, plus unleaded 89; and
5.9(3) premium, super, supreme, high test unleaded 91.
5.10 Sec. 15. Minnesota Statutes 2012, section 239.77, subdivision 1, is amended to read:
5.11 Subdivision 1. Biodiesel blend and fuel. (a) "Biodiesel blend" is a blend of diesel
5.12fuel and biodiesel fuel between six percent and 20 percent for on-road and off-road
5.13diesel-fueled vehicle use. Biodiesel blend must comply with ASTM specification
5.14D7467-08 D7467-10.
5.15(b) "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible
5.16liquid fuel that is derived from agricultural and other plant oils or animal fats and that
5.17meets American Society for Testing and Materials specificationD6751-08 D6751-11b for
5.18Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
5.19 (c) Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
5.20section, unless the palm oil is contained within waste oil and grease collected within the
5.21United States or Canada.
5.22 Sec. 16. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
5.23 Subd. 19. E85. "E85" means a petroleum product that is a blend of agriculturally
5.24derived denatured ethanol and gasoline or natural gasoline thattypically contains not more
5.25than 85 percent ethanol by volume, but at a minimum must contain60 greater than 50
5.26 percent ethanol by volume. For the purposes of this chapter, the energy content of E85
5.27will be considered to be 82,000 BTUs per gallon. E85 produced for use as a motor fuel in
5.28alternative fuel vehicles as defined in subdivision 5 must comply with ASTM specification
5.29D5798-07 D5798-11.
5.30 Sec. 17. EFFECTIVE DATE.
5.31Sections 1 to 16 are effective the day following final enactment.
1.3compliance with biodiesel fuel mandate; adding a requirement for identical
1.4product pricing; making technical updates to bring state into compliance with
1.5most recent federal fuel standards; modifying E85 requirements;amending
1.6Minnesota Statutes 2012, sections 239.092; 239.751, by adding a subdivision;
1.7239.761, subdivisions 3, 4, 5, 6, 7, 8, 10, 11, 13, 16, 17, by adding a subdivision;
1.8239.77, subdivision 1; 296A.01, subdivision 19.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 239.092, is amended to read:
1.11239.092 SALE FROM BULK.
1.12 (a) Bulk sales of commodities, when the buyer and seller are not both present to
1.13witness the measurement, must be accompanied by a delivery ticket containing the
1.14following information:
1.15 (1) the name and address of the person who weighed or measured the commodity;
1.16 (2) the date delivered;
1.17 (3) the quantity delivered;
1.18 (4) the count of individually wrapped packages delivered, if more than one is
1.19included in the quantity delivered;
1.20 (5) the quantity on which the price is based, if different than the quantity delivered;
1.21and
1.22 (6) the identity of the commodity in the most descriptive terms commercially
1.23practicable, including representations of quality made in connection with the sale.
1.24 (b) This section is not intended to conflict with the bulk sale requirements of the
1.25Department of Agriculture. If a conflict occurs, the law and rules of the Department of
1.26Agriculture govern.
2.1 (c) Firewood sold or distributed in this state must include delivery ticket information
2.2regarding the harvest locations of the wood by county or counties and state.
2.3(d) Paragraph (c) may be enforced using the authority granted in this chapter or
2.4section
2.5(e) Paragraph (a) applies to petroleum products under section 239.051, subdivision
2.627. For the purposes of paragraph (a), clause (6), the most descriptive terms commercially
2.7practicable include, but are not limited to:
2.8(1) motor fuel rating and ethanol content for gasoline as defined by section 296A.01,
2.9subdivision 23; and
2.10(2) percentage of biodiesel and grade of diesel for (i) diesel fuel oil as defined by
2.11section 296A.01, subdivision 14; (ii) heating fuel oil, as defined by section 296A.01,
2.12subdivision 26; and (iii) kerosene, as defined by section 296A.01, subdivision 28.
2.13 Sec. 2. Minnesota Statutes 2012, section 239.751, is amended by adding a subdivision
2.14to read:
2.15 Subd. 9. Identical product pricing requirement. Product dispensed from a single
2.16storage tank, or from multiple tanks that are joined in such a manner that the product is
2.17commingled while still in the tanks, must be priced identically at each retail dispenser
2.18from which it is offered for sale.
2.19 Sec. 3. Minnesota Statutes 2012, section 239.761, subdivision 3, is amended to read:
2.20 Subd. 3. Gasoline. (a) Gasoline that is not blended with ethanol must not be
2.21contaminated with water or other impurities and must comply with ASTM specification
2.22
2.23the volatility requirements in Code of Federal Regulations, title 40, part 80.
2.24(b) After gasoline is sold, transferred, or otherwise removed from a refinery or
2.25terminal, a person responsible for the product:
2.26(1) may blend the gasoline with agriculturally derived ethanol as provided in
2.27subdivision 4;
2.28(2) shall not blend the gasoline with any oxygenate other than denatured,
2.29agriculturally derived ethanol;
2.30(3) shall not blend the gasoline with other petroleum products that are not gasoline
2.31or denatured, agriculturally derived ethanol;
2.32(4) shall not blend the gasoline with products commonly and commercially known
2.33as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or
2.34natural gasoline; and
3.1(5) may blend the gasoline with a detergent additive, an antiknock additive, or an
3.2additive designed to replace tetra-ethyl lead, that is registered by the EPA.
3.3 Sec. 4. Minnesota Statutes 2012, section 239.761, subdivision 4, is amended to read:
3.4 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
3.5with agriculturally derived, denatured ethanol that complies with the requirements of
3.6subdivision 5.
3.7(b) A gasoline-ethanol blend must:
3.8(1) comply with the volatility requirements in Code of Federal Regulations, title
3.940, part 80;
3.10(2) comply with ASTM specification
3.11stock from which a gasoline-ethanol blend was produced must comply with ASTM
3.12specification
3.13(3) not be blended with casinghead gasoline, absorption gasoline, condensation
3.14gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
3.15transferred, or otherwise removed from a refinery or terminal.
3.16 Sec. 5. Minnesota Statutes 2012, section 239.761, subdivision 5, is amended to read:
3.17 Subd. 5. Denatured ethanol. Denatured ethanol that is to be blended with gasoline
3.18must be agriculturally derived and must comply with ASTM specification
3.19 D4806-11a. This includes the requirement that ethanol may be denatured only as specified
3.20in Code of Federal Regulations, title 27, parts 20 and 21.
3.21 Sec. 6. Minnesota Statutes 2012, section 239.761, subdivision 6, is amended to read:
3.22 Subd. 6. Gasoline blended with nonethanol oxygenate. (a) A person responsible
3.23for the product shall comply with the following requirements:
3.24(1) after July 1, 2000, gasoline containing in excess of one-third of one percent, in
3.25total, of nonethanol oxygenates listed in paragraph (b) must not be sold or offered for
3.26sale at any time in this state; and
3.27(2) after July 1, 2005, gasoline containing any of the nonethanol oxygenates listed in
3.28paragraph (b) must not be sold or offered for sale in this state.
3.29(b) The oxygenates prohibited under paragraph (a) are:
3.30(1) methyl tertiary butyl ether, as defined in section
3.31(2) ethyl tertiary butyl ether, as defined in section
3.32(3) tertiary amyl methyl ether.
4.1(c) Gasoline that is blended with a nonethanol oxygenate must comply with ASTM
4.2specification
4.3gasoline after the gasoline has been sold, transferred, or otherwise removed from a
4.4refinery or terminal.
4.5 Sec. 7. Minnesota Statutes 2012, section 239.761, subdivision 7, is amended to read:
4.6 Subd. 7. Heating fuel oil. Heating fuel oil must comply with ASTM specification
4.7
4.8 Sec. 8. Minnesota Statutes 2012, section 239.761, subdivision 8, is amended to read:
4.9 Subd. 8. Diesel fuel oil. Diesel fuel oil must comply with ASTM specification
4.10
4.11 Sec. 9. Minnesota Statutes 2012, section 239.761, subdivision 10, is amended to read:
4.12 Subd. 10. Aviation gasoline. Aviation gasoline must comply with ASTM
4.13specification
4.14 Sec. 10. Minnesota Statutes 2012, section 239.761, subdivision 11, is amended to read:
4.15 Subd. 11. Aviation turbine fuel, jet fuel. Aviation turbine fuel and jet fuel must
4.16comply with ASTM specification
4.17 Sec. 11. Minnesota Statutes 2012, section 239.761, subdivision 13, is amended to read:
4.18 Subd. 13. E85. A blend of ethanol and gasoline, containing at least 60 percent
4.19ethanol and not more than 85 percent ethanol, produced for use as a motor fuel in
4.20alternative fuel vehicles as defined in section
4.21ASTM specification
4.22 Sec. 12. Minnesota Statutes 2012, section 239.761, subdivision 16, is amended to read:
4.23 Subd. 16. Biodiesel fuel definition. "Biodiesel fuel" means a renewable,
4.24biodegradable, mono alkyl ester combustible liquid that is derived from agricultural plant
4.25oils or animal fats and that meets American Society for Testing and Materials (ASTM)
4.26specification
4.27Fuels.
4.28 Sec. 13. Minnesota Statutes 2012, section 239.761, subdivision 17, is amended to read:
5.1 Subd. 17. Grade 82 unleaded aviation gasoline. Grade 82 unleaded aviation
5.2gasoline must comply with ASTM specification
5.3 Sec. 14. Minnesota Statutes 2012, section 239.761, is amended by adding a subdivision
5.4to read:
5.5 Subd. 18. Minimum octane rating. The minimum (R+M)/2 octane rating grades for
5.6petroleum products under subdivision 3, 4, 4a, 4b, or 6 shall be no less than the following:
5.7(1) regular unleaded 87;
5.8(2) midgrade, plus unleaded 89; and
5.9(3) premium, super, supreme, high test unleaded 91.
5.10 Sec. 15. Minnesota Statutes 2012, section 239.77, subdivision 1, is amended to read:
5.11 Subdivision 1. Biodiesel blend and fuel. (a) "Biodiesel blend" is a blend of diesel
5.12fuel and biodiesel fuel between six percent and 20 percent for on-road and off-road
5.13diesel-fueled vehicle use. Biodiesel blend must comply with ASTM specification
5.14
5.15(b) "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible
5.16liquid fuel that is derived from agricultural and other plant oils or animal fats and that
5.17meets American Society for Testing and Materials specification
5.18Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
5.19 (c) Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
5.20section, unless the palm oil is contained within waste oil and grease collected within the
5.21United States or Canada.
5.22 Sec. 16. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
5.23 Subd. 19. E85. "E85" means a petroleum product that is a blend of agriculturally
5.24derived denatured ethanol and gasoline or natural gasoline that
5.25than 85 percent ethanol by volume, but at a minimum must contain
5.26 percent ethanol by volume. For the purposes of this chapter, the energy content of E85
5.27will be considered to be 82,000 BTUs per gallon. E85 produced for use as a motor fuel in
5.28alternative fuel vehicles as defined in subdivision 5 must comply with ASTM specification
5.29
5.30 Sec. 17. EFFECTIVE DATE.
5.31Sections 1 to 16 are effective the day following final enactment.
